swarb.co.uk - law index
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Media - From: 1991 To: 1991
This page lists 11 cases, and was prepared on 02 April 2018.
Cubby Inc v CompuServe Inc; 1991 - (1991) 776 FS Supp 135
Rochdale Metropolitan Borough Council v A [1991] 2 FLR 192
1991
Mr Justice Douglas Brown
Children, Media
Ten children were taken into care amid allegations of ritual satanic sex abuse. Held: the allegations were not proved. All but four of the children were returned home. Injunctions were granted to protect the identify of the children and of the social workers involved. As to the actions of the social workers: "the local authority employees I have been concerned with are decent people. They are not heartless or ruthless. They acted throughout with the best interests of these children in mind as they saw them. Nevertheless mistakes were made and it is greatly to their credit that most of them have been acknowledged."
Children Act 1989
1 Citers
Attorney-General v Times Newspapers Ltd; HL 1991 - [1992] 1 AC 191; [1991] CLY 2809; [1991] 2 WLR 994
Bain v Bowles [1991] IRLR 357
1991
CA
Beldam LJ, Dillon LJ
Media, Discrimination
The Lady magazine had no defence to a complaint by a man whose advertisement for a housekeeper in Tuscany they had refused to accept. Following past complaints of sexual harassment, the magazine's policy was to accept such advertisements only where the employer was a woman. The perception of the risk of harm to those who answer the advertisement was not a relevant circumstance for the purpose of the Act. Essentially, it comes within the category of motive for the discrimination and for the policy adopted by the defendants.
1 Citers
Regina v Secretary of State for the Home Department ex parte Brind; HL 7-Feb-1991 - [1991] 1 AC 696; [1991] 2 WLR 588; [1991] UKHL 4; [1991] 1 All ER 720
Purcell v Ireland [1991] ECHR 77; 15404/89
16 Apr 1991
ECHR
Norgaard P
Human Rights, Media
[ Bailii ]
Oberschlick v Austria (1991) 19 EHHR 389; 11662/85; [1991] ECHR 30
23 May 1991
ECHR
Human Rights, Media, Criminal Practice
A journalist was convicted by a court which regarded itself as bound by the opinion of the court of appeal which had remitted his case to the lower court for trial after it had been dismissed by that court. The judge who presided over the court of appeal was the same judge as had presided over it on the first occasion, contrary to the code of criminal procedure. The journalist complained that the court of appeal on the second occasion was not an independent and impartial tribunal. Held: An argument that he had impliedly waived that right because he had not raised this objection at the hearing of his appeal was rejected, on the ground that neither he nor his counsel were aware until well after the hearing of all the circumstances that provided grounds for objecting to the tribunal on the grounds of impartiality.
The Court reiterated that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance. Whilst the press must not overstep the bounds set, inter alia, in the interests of "the protection of the reputation and rights of others", it is nevertheless to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of 'public watchdog'. Although formulated primarily with regard to the print media, these principles doubtless apply also to the audio-visual media.
European Court of Human Rights 10
1 Citers
[ Bailii ] - [ Bailii ]
Sloan v B [1991] ScotCS CSIH_4
12 Jun 1991
SCS
Lord President Hope
Scotland, Media
Lord President Hope, delivering the opinion of the court, explained that it is by an application of the same principle that it has long been recognised that proceedings in open court may be reported in the press and by other methods of broadcasting in the media: "There is no doubt that as a general rule the proceedings of a court are open to the public, and thus to public scrutiny, at all times. Exceptions have to be made in special circumstances to allow the court to conduct its proceedings behind closed doors where the interests of justice require this to be done. But that is always the exception, and the general principle which applies equally in the sheriff court as it does in the Court of Session is that the court sits both for the hearing of cases and for the advising of them with open doors."
1 Cites
1 Citers
[ Bailii ]
BBC v Commission (Rec 1991,p II-535) T-70/89; [1991] EUECJ T-70/89
10 Jul 1991
ECFI
European, Media
[ Bailii ]
The Sunday Times v The United Kingdom (No 2); ECHR 26-Nov-1991 - 13166/87; [1992] 14 EHRR 123; [1991] ECHR 50; (1992) 14 EHRR 229
Observer and Guardian v The United Kingdom; ECHR 26-Nov-1991 - 13585/88; [1991] 14 EHRR 153; [1991] ECHR 49; [1991] ECHR 1385